By accessing and browsing the Abacus Consultancy Services (India) Private Limited website https://www.itsabacus.com/ or by using and/or downloading any content from the site or Installing Any Part of The Service whichever earlier, you agree to and accept the Terms and Conditions as set forth below.
Abacus Consultancy Services (India) Private Limited website https://www.itsabacus.com/ is copyrighted and proprietary to Abacus Consultancy Services (India) Private Limited. Access is limited to authorized users only.
The Terms and Conditions/ Agreement shall be deemed to have been formed at administrative office of the company Abacus Consultancy Services (India) Private Limited at Office no.318, 2nd Floor, Software Technology Park, Old Building, Electronic Complex, Pardeshipura, Indore – 452010 (M.P.), India, We reserve the right, at our sole discretion to modify the terms of this Terms and Conditions/ Agreement at any time without any prior written notice to you. Any modifications will be effective immediately upon the date of posting of the modified Terms and Conditions on our website and you hereby waive any right to receive additional notice of such changes or modifications. Your continued use of Services following the posting of changes will mean that you accept and agree to the modified terms and conditions; therefore it is your responsibility to review these Terms and conditions, policies and guidelines as mentioned herein. If you do not agree to the amended/revised terms, you must stop using the Services. When you use Services provided by us, you will be subject to rules, guidelines, policies, terms, and conditions applicable to such Services, as may be modified from time to time and they shall be deemed to be incorporated into this Terms and Conditions/ Agreement and shall be considered as part and parcel of this Terms and Conditions/ Agreement. You are solely responsible for understanding and complying with any and all laws, rules and regulations that may be applicable to you in connection with your use of the Services.
This Agreement/ Terms and Conditions is an electronic record in terms of Information Technology Act, 2000 and its subsequent amendments. This agreement is system generated and does not require a physical or digital signature. This agreement is governed by the Laws of India and rules and guidelines set by Reserve Bank of India, Financial institutes, Card Companies, Facility Providers from time to time.
This Agreement/ Terms and Conditions shall be binding on ACS and Service Receiver/Payer/ You when you make the payment.
- SCOPE OF SERVICE OF ACS:
- ACS has agreed to avail the facilities offered through Internet by IDBI internet payment gateway. This Payment gateway facility allows ACS to use the internet payment gateways developed by IDBI to process all type of online Payment Instruments and all online transaction initiated by a Customer.
- IDBI Payment gateway accepts various Payment Instruments from the Customers for completion of their payment obligations in accordance with RBI Guideline bearing No. – RBI/DPSS/2019-20/174 DPSS.CO.PD.No.1810/02.14.008/2019-20 dated March 17, 2020 titled “Guidelines on Regulation of Payment Aggregators and Payment Gateways” (hereinafter referred to as the said “RBI Guideline”).
- ACS has established a web-site with the domain name ITSABACUS.COM to enable its Merchant to link up with payment gateways so as to enable the Customers to pay for the Products and/or Services through the Internet.
- TERMS AND CONDITIONS:-
- “Terms and Conditions” shall mean this Terms and Conditions, declaration and indemnity and any and all tables, schedules, appendices, annexures and exhibits attached to it or incorporated in it by reference.
- “Chargeback” shall mean any approved reversal of any online card transaction to be made to the Customer on account of
- duplicate processing of the transaction;
- any alleged forgery of his card or other details;
- as mutually decided as per the terms of the Initial service contract/agreement.
Subject to the Initial Service contract/agreement any amount required to be refunded due to, denial of transaction by the Customer as wrongly charged payment/ extra payments and / or due to the fraudulent use / misuse of the personal and financial information of the service receiver/payer by any unauthorized person;
- “Customer” means any person either who has received a service or agreed to receive a service and makes payment for the same over the Internet using any Payment Instrument and also includes Service receiver/Payer.
- “Customer Charge or Charges or Value of service” means the sale price of the Services rendered to the Customer plus the all other taxes, duties, costs, charges and expenses in respect of the Services that are to be charged to the Customer’s valid Payment Instrument.
- “Effective Date” means the date of execution of this Terms and Conditions or date of provision of services by ACS to the Customer/Service receiver whichever is earlier.
- “Facility Providers” means payment gateway service provider i.e. IDBI Bank Limited. These Facility Provider allows Customers to use the internet payment gateways to process all type of online Payment Instruments and all online transaction initiated by a Customer on ACS’s website.
- “Initial Service Contract” or Initial agreement or MoU is the agreement or contract or memorandum of understanding which is agreed between ACS and the customer at the time of beginning of the contract.
- “Payment Instrument/s” means a valid Payment Instruments physical or virtual issued by an authorized Card Schemes, Financial Institute and any other Payment Instrument Providers that are authorized to issue valid card and/or any other Payment Instrument to the Customer which enables the Customer to initiate and complete an online transaction to purchase/ avail Products and Services of Merchant.
- “Payment Instrument Provider” shall mean any legal entity authorized to issue online Payment Instruments such as wallet, prepaid cards etc. including Issuing Bank/Institution. The term Payment Instrument Provider does not include Card Schemes, Acquiring Banks and Financial Institutes.
- “Payment Mechanism” means the entire processing and facilitation of online payments by ACS/IDBI Payment gateway, mechanism through the Internet utilizing the internet banking facility; internet based electronic commerce, internet payment gateway of various Facility Providers and through such other modes and mechanisms of payment and delivery.
- “Refund” shall mean a refund issued by the ACS subject to the Initial Service Agreement/Contract and/or after mutual discussion.
- “Service” means tangible or intangible services provided to the Customer by the ACS.
- “ACS website/Site” shall mean the web-site with the domain name “https://www.itsabacus.com/”established by Abacus Consultancy Services (India) Private Limited for the purposes of enabling on-line trading/payment instructions by the Customers.
- FAIR USE OF ACS/IDBI PAYMENT GATEWAY:
- The Payment Gateway Services are only for the purpose of receiving online payments against the Services provided or agreed to be provided by ACS.
- CHARGEBACK AND REFUND:
- Subject to the condition of Initial Service contract separately entered with the customer, the customer agrees that payment made in respect of Invoice for Services provided, is not refundable under any circumstances.
- The customer also agrees that payment made will be considered as the service is satisfactorily provided to the customer and later on customer will not object to the quality of service.
- Without prejudice to any other provisions of this Terms and Conditions, ACS and the IDBI Payment gateway service facility provider shall not be liable to the customer for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with ACS’s site and services, and the Facility Provider’s facilities and/or this Terms and Conditions.
- Immediate Termination:
- Termination in Case of Violation of Law:- In addition to any other termination rights granted by this Terms and Conditions, ACS may terminate this Payment Gateway Facility Immediately without any liability of verbal or written notice if facility providers is notified or otherwise determines in good faith that the Payment gateway facility is used in furtherance of any activity which violates any law, rule, or regulation or
- Termination for Disruption: If any program or facility used by ACS to implement this Terms and Conditions is disrupted or terminated by the Facility Provider for any reason ACS may terminate this facility immediately.
- Immediate Termination:
- Payment/Value of Service:
- Payment for service or charges or value of service will be separately determined either at the time of initial service contract and can also be revised anytime thereafter as mutually decided between ACS and the customer from time to time.
- FORCE MAJEURE:
- ACS and IDBI Payment gateway facility providers shall not be liable for any failure to perform any of its obligations under this Terms and Conditions if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. Each party shall promptly inform the other of the existence of a Force Majeure Event and shall consult together to find a mutually acceptable solution. “Force Majeure Event” means any event due to any cause beyond the reasonable control of ACS and/or IDBI Payment facility providers , including, without limitation, unavailability of any communication system, breach or virus in the processes or Payment and Delivery Mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking unauthorized access to computer data and storage devices, computer crashes, etc.
- GENERAL PROVISIONS:
- Jurisdiction and governing law: The laws of India only and no other nation shall govern these Terms and Agreement. The Parties agree to submit to the exclusive jurisdiction of the Courts located in Indore (M.P.), India as regards any claims or matters arising under or in relation to these terms and conditions.
- The parties will endeavour to settle amicably by mutual discussion any disputes, differences or claims whatsoever related to these Terms and Agreement. Failing such amicable settlement the dispute shall be settled by arbitration. The Arbitration and Conciliation Act 1996 (and any subsequent amendment to this act) shall govern the arbitration proceedings. The arbitration shall be held in Mumbai, India. The language of arbitration shall be English and the arbitral award shall be final and binding on both the parties. The arbitration proceedings will be held before the sole Arbitrator appointed by mutual consent of both the parties. Any arbitration award will be final and binding on the parties, and judgment there on may be entered in any court of competent jurisdiction (In India Only). These Terms and Conditions and Agreement (including its jurisdiction clause) shall be governed by, construed and take effect in accordance with the laws of India. The courts of Mumbai shall alone have jurisdiction in all matters.